emed_v14_i1_ofbcover 1/11/06 21:16 Page 1 EARLY MEDIEVAL EUROPE MEDIEVAL EARLY 14 VOLUME NUMBER 1 2006 EARLY MEDIEVAL EARLY EUROPE MEDIEVAL CONTENTS EUROPE Introduction Penitential questions: sin, satisfaction and reconciliation in the tenth and eleventh centuries E dited by Rob Meens Penitentials and the practice of penance in the tenth and eleventh centuries Julia Crick Rob Meens Correcting sinners, correcting texts: a context Catherine Cubitt for the Paenitentiale pseudo-Theodori Carine van Rhijn and Marjolijn Saan Paul Fouracre Bishops, priests and penance in late Saxon England Catherine Cubitt Helena Hamerow Penitentials in south and central Italian canon law manuscripts of the tenth and Sarah Hamilton eleventh centuries Roger E. Reynolds Matthew Innes Penance and the law: the penitential canons of the Collection in Nine Books A.H. Gaastra Antonio Sennis Canon law and the practice of penance: Burchard of Worms’s penitential Danuta Shanzer Ludger Körntgen This journal is available online at Blackwell Synergy. Visit www.blackwell-synergy.com to search the articles and register for table of contents e-mail alerts. VOLUME 14 NUMBER 1 2006 Canon law and the practice of penance: Burchard of Worms’s penitential L K This article investigates the characteristics and function of Book 19 of Burchard’s Decretum. It demonstrates how the penitential questionnaire, usually considered the most original part of this text, was the result of Burchard’s systematic expansion upon his main source, Regino of Prüm. It argues that Book 19 was not a conventional penitential, to be used to support the administration of penance by priests, but rather that it was meant to be both an exemplary penitential and a summary of the preceding eighteen books. Burchard thus sought to ensure there was no contradiction between his collection of canon law and his penitential. Since the pioneering studies of penitential handbooks by F.W.H. Wass- erschleben and Hermann Josef Schmitz in the nineteenth century, it has often been noted that Bishop Burchard of Worms (1000–25)1 com- posed the nineteenth book of his influential collection of canon law (the Decretum) as a penitential.2 Schmitz’s editions and studies were unfortunately marred by an anachronistic leading question, but since the publication of the ensuing necessary corrections by Paul Fournier in 1910, researchers have refrained both from trying to reach a deeper understanding of Book 19 of the collection and from establishing its 3 place in the transmission of penitential texts. Whilst the particularly 1 For Burchard see now W. Hartmann (ed.), Bischof Burchard von Worms 1000–1025 (Mainz, 2000); for the manuscripts and studies of the Decretum see L. Kéry, Canonical Collections of the Early Middle Ages (ca. 400–1140): A Bibliographical Guide to the Manuscripts and Literature (Washington, 1999), pp. 133–55. 2 F.W.H. Wasserschleben, Die Bußordnungen in der abendländischen Kirche (1851; repr. Graz, 1958); H.J. Schmitz, Die Bußbücher und das kanonische Bußverfahren, vol. 2 (1898; repr. Graz, 1958). See also J.T. McNeill and H.M. Gamer, Medieval Handbooks of Penance (1938; repr. New York, 1965), pp. 321–45; C. Vogel, Les ‘Libri paenitentiales’, Typologie des sources du moyen âge occidental 27 (Turnhout, 1978), p. 88 ff., rev. A.J. Frantzen (Turnhout, 1985), p. 40; G. Picasso, G. Piana and G. Motta (eds), A pane e acqua’. Peccati e penitenze nel Medioevo. Il Penitenziale di Burcardo di Worms (Novara, 1986). 3 P. Fournier, ‘Ëtudes critiques sur le Décret de Burchard de Worms’, in T. Kölzer (ed.), Mélanges de droit canonique (Aalen, 1983), pp. 247–391. Early Medieval Europe () 103–117 © Blackwell Publishing Ltd , Garsington Road, Oxford OX DQ, UK and Main Street, Malden, MA , USA 104 Ludger Körntgen rich parts of Book 19 which deal with questions of superstition or sexuality have been brought into more general discussions, a critical assessment of the significance and context of the penitential canons of Burchard’s nineteenth book remains a desideratum.4 Recent research in the field of penitential studies has concentrated mostly on the Carol- ingian era and utilized the tenth- and eleventh-century sources merely as witnesses to establish the limits of the influence of Carolingian dis- cussions and decisions.5 A monograph devoted specifically to the devel- opment of ecclesiastical penitential practice for the period between the Carolingians and the ecclesiastical reforms from the late eleventh and twelfth centuries, has only very recently been published. In this book, Sarah Hamilton for the first time discusses in a fundamental way the significance of Burchard’s Decretum as a historical source with regard to the contemporary practice of penance.6 Hamilton only allows the Decretum a minor role in the pastoral practice of hearing confession and assigning penances; according to her, the Decretum, divided into twenty books, would have been used, like the other canonical collections of this period, as a reference work for the bishop or the clerical community attached to the cathedral in Worms, but not as a priestly aid for the daily practice of penance.7 This view of Burchard’s Decretum, she holds, is also applicable to those texts which were specifically shaped to be used in pastoral care: the penitentials.8 North of the Alps such handbooks seem to have been no longer freshly 4 For studies concentrating on Burchard’s dealings with superstition and sexuality see e.g. C. Vogel, ‘Pratiques superstitieuses au début du XIe siècle d’après le Corrector sive Medicus de Burchard, évèque de Worms (965–1025)’, in Etudes de civilisation médiévale. IXe–XIIe siècle. Mélanges E. R. Labande (Poitiers, 1974), pp. 751–61. D. Harmening, Superstitio. Überlieferungs- und theoriegeschichtliche Untersuchungen zur kirchlich-theologischen Aberglaubensliteratur des Mittelalters (Berlin, 1979), A.J. Gurjewitsch, Das Weltbild des mittelalterlichen Menschen (Dresden, 1978), pp. 379–97; idem, Mittelalterliche Volkskultur (Munich, 1987), pp. 125–66; H. Dienst, ‘Zur Rolle von Frauen in magischen Vorstellungen und Praktiken – nach aus- gewählten mittelalterlichen Quellen’, in W. Affeldt (ed.), Frauen in Spätantike und Frühmit- telalter (Sigmaringen, 1990), pp. 173–94; J.A. Brundage, Law, Sex, and Christian Society in Medieval Europe (Chicago, 1987). Some points I deal with in this paper are also discussed in my article, ‘Fortschreibung frühmittelalterlicher Bußpraxis. Burchards Liber corrector und seine Quellen’, in Hartmann (ed.), Bischof Burchard von Worms, pp. 199–226, which discusses the penitentials used by Burchard in more detail. 5 See B. Poschmann, Die abendländische Kirchenbuße im frühen Mittelalter (Bresslau, 1930); Vogel, Libri paenitentiales, pp. 39–43. For the desiderata regarding the historiography of penance in the early Middle Ages, a field dominated by the works of Poschmann and Vogel, see R. Meens, ‘The Frequency and Nature of Early Medieval Penance’, in P. Biller and A.J. Minnis (ed.), Handling Sin: Confession in the Middle Ages (Woodbridge, 1998), pp. 35–61. 6 S. Hamilton, The Practice of Penance, 900–1050 (Woodbridge, 2001). 7 Hamilton, Practice, p. 44. 8 For the transmission and significance of early medieval penitentials, see Vogel, Libri paeniten- tiales; R. Kottje, ‘Bußbücher’, in Lexikon des Mittelalters 2 (1982), cols 1118–22; L. Körntgen, ‘Bußbücher’, in Lexikon für Theologie und Kirche 2 (1994), cols 822–4; R. Meens, Het tripartite boeteboek. Overlevering en betekenis von vroegmiddeleeuwse biechtvoorschriften (Hilversum, 1994), pp. 11–72. Early Medieval Europe ()© Blackwell Publishing Ltd Burchard of Worms’s penitential 105 composed in the tenth and eleventh centuries,9 yet the existing older compilations from the seventh, eighth and ninth centuries continued to be copied and used. Rob Meens was able to show that the manuscript tradition of penitential texts in the tenth and eleventh centuries differed from the ninth-century one: while in the earlier period we know of relatively many manuscripts which contain one or more penitentials in combination with texts stemming from liturgical or pastoral practice, in the later period the manuscripts seem mostly to reflect an interest in canon law or ecclesiastical administration.10 Should we therefore conclude that penitentials in the tenth century were no longer used by priests hearing confession but were instead consulted by bishops and their subordinate clerics as a kind of general introduction to the field of canon law?11 Before we can subscribe to such a conclusion it will be necessary to discuss the matter more fully in order to reach a more specific under- standing as to the nature of the manuscript tradition of already existing texts, as well as to possible regional differences that can be observed. Moreover, to assess the real significance of such a hypothesis, it would be necessary to evaluate the differences in the chances of survival of library manuscripts and those used in pastoral practice, as well as the survival rates of manuscripts from the ninth and tenth centuries in general. For such a differentiated analysis the Utrecht research project on the penitentials of the tenth and eleventh centuries will provide ample material. Here the question of the relevance of penitential texts in Burchard’s age will be dealt with from a different point of view: through a closer consideration of the characteristics and function of the penitential which Burchard included in his nineteenth book. Without any critical analysis it has always been accepted that the nineteenth book should be regarded as a penitential. Sarah Hamilton, however, did not view the text in relation to other penitentials, but as part of the canon law collection compiled by Burchard.12 Such a view seems justified by the fact that in Worms (i.e. under the Burchard’s per- sonal supervision), the nineteenth book was solely copied as part of 13 his collection. Yet, in view of the undeniable distinctiveness of the 9 In Italy and Spain, on the other hand, we see new texts being composed specifically in the tenth century, see G.